2006 New York Code - Definitions.

 
    § 1310. Definitions. In this article:
    1.  "Property"  means  and includes: real property, personal property,
  money, negotiable instruments, securities, or any thing of value or  any
  interest in a thing of value.
    2.  "Proceeds  of  a  crime"  means  any property obtained through the
  commission of a felony  crime  defined  in  subdivisions  five  and  six
  hereof, and includes any appreciation in value of such property.
    3.  "Substituted  proceeds  of a crime" means any property obtained by
  the sale or exchange of proceeds of a crime, and any  gain  realized  by
  such sale or exchange.
    4.  "Instrumentality  of  a crime" means any property, other than real
  property and any buildings, fixtures,  appurtenances,  and  improvements
  thereon, whose use contributes directly and materially to the commission
  of a crime defined in subdivisions five and six hereof.
    4-a.  "Real  property instrumentality of a crime" means an interest in
  real property the use of which contributes directly  and  materially  to
  the commission of a specified felony offense.
    4-b. "Specified felony offense" means:
    (a)  a  conviction  of  a  person  for  a violation of section 220.18,
  220.21, 220.41, or 220.43 of the penal  law,  or  where  the  accusatory
  instrument  charges one or more of such offenses, conviction upon a plea
  of guilty to any of the  felonies  for  which  such  plea  is  otherwise
  authorized by law or a conviction of a person for conspiracy to commit a
  violation of section 220.18, 220.21, 220.41, or 220.43 of the penal law,
  where  the  controlled substances which are the object of the conspiracy
  are located in the real property which is the subject of the  forfeiture
  action; or
    (b)  on  three  or  more occasions, engaging in conduct constituting a
  violation of any of the felonies  defined  in  section  220.09,  220.16,
  220.18,  220.21, 220.31, 220.34, 220.39, 220.41, 220.43 or 221.55 of the
  penal law, which violations do not constitute a single criminal  offense
  as defined in subdivision one of section 40.10 of the criminal procedure
  law,  or  a  single criminal transaction, as defined in paragraph (a) of
  subdivision two of section 40.10 of the criminal procedure law,  and  at
  least  one  of  which resulted in a conviction of such offense, or where
  the  accusatory  instrument  charges  one  or  more  of  such  felonies,
  conviction  upon  a  plea  of  guilty to a felony for which such plea is
  otherwise authorized by law; or
    (c) a conviction of a  person  for  a  violation  of  section  220.09,
  220.16, 220.34 or 220.39 of the penal law, or a conviction of a criminal
  defendant  for  a violation of section 221.30 of the penal law, or where
  the accusatory instrument charges any such  felony,  conviction  upon  a
  plea of guilty to a felony for which the plea is otherwise authorized by
  law, together with evidence which: (i) provides substantial indicia that
  the  defendant  used the real property to engage in a continual, ongoing
  course  of  conduct  involving   the   unlawful   mixing,   compounding,
  manufacturing,  warehousing,  or  packaging  of controlled substances or
  where the conviction is for a violation of section 221.30 of  the  penal
  law,  marijuana,  as  part of an illegal trade or business for gain; and
  (ii) establishes, where the conviction is for possession of a controlled
  substance or where the conviction is for a violation of  section  221.30
  of the penal law, marijuana, that such possession was with the intent to
  sell it.
    5.  "Post-conviction forfeiture crime" means any felony defined in the
  penal law or any other chapter of the consolidated laws of the state.
    6. "Pre-conviction forfeiture crime" means only a  felony  defined  in
  article two hundred twenty or section 221.30 or 221.55 of the penal law.
    7. "Court" means a superior court.
    8.  "Defendant"  means  a  person  against whom a forfeiture action is
  commenced and  includes  a  "criminal  defendant"  and  a  "non-criminal
  defendant".
    9.  "Criminal defendant" means a person who has criminal liability for
  a crime defined in subdivisions five and six  hereof.  For  purposes  of
  this  article,  a  person  has  criminal  liability when (a) he has been
  convicted of a post-conviction forfeiture crime,  or  (b)  the  claiming
  authority  proves  by clear and convincing evidence that such person has
  committed an act in violation of article two hundred twenty  or  section
  221.30 or 221.55 of the penal law.
    10.  "Non-criminal  defendant"  means  a person, other than a criminal
  defendant, who possesses an interest in the proceeds  of  a  crime,  the
  substituted proceeds of a crime or an instrumentality of a crime.
    11.   "Claiming   authority"   means   the  district  attorney  having
  jurisdiction over the offense or the attorney  general  for  purpose  of
  those crimes for which the attorney general has criminal jurisdiction in
  a  case  where  the  underlying criminal charge has been, is being or is
  about to  be  brought  by  the  attorney  general,  or  the  appropriate
  corporation  counsel  or  county attorney, provided that the corporation
  counsel or county attorney may act as a claiming authority only with the
  consent  of  the  district  attorney  or  the   attorney   general,   as
  appropriate.
    12.  "Claiming agent" means and shall include all persons described in
  subdivision thirty-four of section 1.20 of the criminal  procedure  law,
  and  sheriffs,  undersheriffs and deputy sheriffs of counties within the
  city of New York.
    13.  "Fair  consideration"  means  fair  consideration  is  given  for
  property,  or  obligation,  (a)  when  in exchange for such property, or
  obligation, as a fair equivalent therefor, and in good  faith,  property
  is  conveyed  or  an  antecedent  debt  is  satisfied,  or (b) when such
  property, or obligation is received in good faith to  secure  a  present
  advance  or  antecedent  debt  in amount not disproportionately small as
  compared with the value of the property, or obligation obtained.
    14. "District attorney" means and shall include all persons  described
  in  subdivision thirty-two of section 1.20 of the criminal procedure law
  and the special assistant district attorney in charge of the  office  of
  prosecution, special narcotics courts of the city of New York.